TINJAUAN HUKUM POSITIF TERHADAP PEMISAHAN HARTA PERKAWINAN PASANGAN SUAMI ISTRI BERPENGHASILAN GANDA

Abstract

This article examines the legal framework governing the separation of marital joint property among dual-income married couples in Indonesia and its consequences for the legal status of property during marriage. The issue is important because the fact that both spouses earn income does not, by itself, determine whether property acquired during marriage belongs individually to one spouse or constitutes joint property. This study uses normative legal research with statutory and conceptual approaches. Legal materials were collected through library research and examined qualitatively by interpreting relevant legislation, legal concepts, and scholarly literature. The analysis focuses on Law Number 1 of 1974 concerning Marriage, as amended by Law Number 16 of 2019, the Indonesian Civil Code, the Compilation of Islamic Law, and Constitutional Court Decision Number 69/PUU-XIII/2015. The study finds that property acquired during marriage is generally classified as joint property under the Marriage Law, while property brought into marriage and property obtained individually through gifts or inheritance are subject to a different legal regime. A separation arrangement may be established through a legally valid marriage agreement. Its legal consequences include greater certainty concerning the status, control, and management of property. Separate bank accounts or independently managed earnings, however, do not automatically change the legal status of property. The article emphasizes the importance of clear, lawful agreements to protect the rights and responsibilities of both spouses.